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Cruelty To Animals

SDCL § 40-1-2.4 — cruelty is a Class 6 felony, and neglect or abandonment a Class 1 misdemeanor

No person may subject an animal to cruelty. A violation is a Class 6 felony.

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No one who owns or cares for an animal may neglect, abandon or mistreat it, a Class 1 misdemeanor. Releasing a feral cat taken in only to be spayed or neutered is not abandonment.

  • SDCL § 40-1-2.3

A particular case is a question for a licensed South Dakota attorney.

Sources for this section (2)
  1. SDCL § 40-1-2.3 — Neglect, abandonment, or mistreatment of animal; Exception; Penalty
  2. SDCL § 40-1-2.4 — Cruelty to animals; Felony

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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